Any place to which the public has access and shall include
any street, highway, road, alley or sidewalk. It shall also include
the front or the neighborhood of any store, shop, restaurant, tavern
or other place of business and public grounds, areas and parks as
well as parking lots or other vacant private property not owned by
or under the control of the person charged with violating this article.

No person shall drink in any public place without
first having obtained a duly authorized permit from the Mayor and
Borough Council prescribing the right to drink in said public place
and, further, prescribing the day or dates upon which said drinking
shall occur and the times during which said activity shall be conducted.

For the purposes of this section, the word "restaurant" shall not
include fast-food/carry-out restaurants as defined therein. The word
"provider" shall indicate the owner(s) and/or operator(s) of the establishment.

Premises with BYOB privileges must comply with all applicable state,
federal and municipal rules, regulations, statutes and ordinances
pertaining to the consumption of wine or malt alcoholic beverages
on a premise that is not licensed or permitted to sell or serve alcoholic
beverages.

There shall be no consumption of wine or malt alcoholic beverages
by employees of the premises, but only by patrons who are seated for
meal service at a table. No person waiting to be seated for service
may consume or possess an open container of an alcoholic beverage
while waiting to be seated for service.

The consumption of alcoholic beverages by patrons may be permitted in outside cafés for which a license has been issued pursuant to Chapter 177, Outdoor Dining. Outdoor consumption of alcoholic beverages shall be permitted only by patrons who are seated for meal service at a table within the confines of the outdoor cafe. With the exception of sidewalk cafes licensed pursuant to Chapter 177, the consumption of alcoholic beverages by patrons on public accessways, such as but not limited to sidewalks and/or driveways, is prohibited at all times.

Pursuant to N.J.S.A. 2C:33-27, under no circumstances may any BYOB
be advertised in any fashion by an unlicensed restaurant or other
public place where food or beverages are sold to the general public.

There shall be no storage of alcoholic beverages on the premises.
Patrons shall not be permitted to deliver alcoholic beverages to the
premises in advance or to leave alcoholic beverages on the premises
to be consumed or to be picked up at a later time.

Patrons who desire to consume wine or malt alcoholic beverages in
the premises shall bring such beverages with them to the establishment.
No delivery of alcoholic beverages by any person, including a licensed
alcoholic beverage establishment, shall be permitted.

A BYOB provider shall immediately report to the Police Department
any incident of underage drinking or the presentation of false identification
by an underage person and any incident involving the excessive consumption
of alcohol by a patron. The failure to immediately report any such
incident will result in the suspension or revocation of the BYOB privilege.

Suspension or revocation of BYOB privilege. Any violation of the
provisions of this section by a BYOB licensee may result, in the discretion
of the Borough Council, in the suspension or revocation of the BYOB
privilege.

Any business holding a valid retail plenary alcoholic
beverage consumption license, provided that said activity is conducted
in accordance with the Code of the Borough of Rockaway regulating
said licensee, and provided, further, that said activity is in accordance
with the rules and regulations as prescribed by the Alcoholic Beverage
Control Law of the State of New Jersey.[1]

Whenever any regular police officer or special
police officer shall, in the exercise of reasonable judgment, decide
that any person in any public place is drinking alcoholic beverages
in violation of this article, that person shall be forthwith arrested
and brought before the Judge of the Municipal Court of the Borough
of Rockaway or, in lieu thereof, shall be served with a summons to
appear before the Judge of the Municipal Court of the Borough of Rockaway
and shall be, upon conviction, deemed to be in violation of this article.

Any person violating any of the provisions of
this article shall, upon conviction, be punished by a fine of not
less than $100 nor more than $2,000 or by imprisonment not exceeding
90 days or by 90 days' community service, all in the discretion of
the Court.